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UK Tribunal Upholds Ban on Chinese and Russian Nationals in Sensitive Security Roles

The tribunal found that denying security clearance to nationals from hostile states is a lawful measure to safeguard software underpinning the UK’s critical infrastructure.

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Overview

  • The tribunal dismissed Tianlin Xu’s discrimination claim after ruling that her Chinese citizenship made her ineligible for the mandatory security clearance required by Binary AI.
  • Judge Richard Baty determined that barring applicants from China, Russia, North Korea and Iran is proportionate given espionage threats to UK and Five Eyes cyberdefences.
  • Binary AI’s work with the Defence Science and Technology Laboratory and Ministry of Defence on AI-driven software vulnerability assessments hinges on stringent clearance rules.
  • Defence officials had strongly advised Binary AI against hiring Chinese nationals for defence-linked roles, influencing the company’s rejection of Xu’s application.
  • The decision confirms that private firms handling critical government software can lawfully exclude citizens of hostile states without breaching UK discrimination law.